The Association of Recruitment Consultancies (ARC) welcomes the amendments to the Agency Workers Regulations.
Contained in the Agency Workers (Amendment) Regulations 2011 the amendments correct a drafting error in Regulation 14 of the original Agency Workers Regulations 2010 and add in more detail as to what is required to set up a defence under this provision. The correction of the drafting error is something which the government had promised the original standing committee it would make. Significantly however the amendment regulations also include changes to Regulations 3 (which defines an agency worker) and Regulation 10 (the so called Swedish Derogation).
The original Regulations, which come into force on 1 October 2011, provide that agency workers will have the same rights to pay, benefits, rest periods and holidays as someone recruited directly by the hirer after 12 weeks on assignment.
Adrian Marlowe, chairman of the ARC, said of the change to Regulation 10 “The ARC has long pressed for a change to the Swedish Derogation to address the anomaly that would arise if there is no break in an assignment, leaving the employer unable to comply with the conditions required to avoid the agency worker’s entitlement to equal pay. The amendment made addresses that issue to a large extent by providing that the obligation only arises after the end of the first assignment under the employment contract. As a result it should significantly reduce the prospect of claims being made on technical grounds. Particularly given that the government was clearly under some pressure not to make any amendments at all, this is most welcome, and now provides a far safer platform for agencies and hirers to use.”
